Anderson Tuggle

Jun 19, 2023 | jdsupra.com | Anderson Tuggle |Jane Wilson

On June 16, 2023, the U.S. Supreme Court decided United States ex rel. Polansky v. Executive Health Resources, Inc., No. 21-1052, holding that the Government may intervene and move to dismiss a False Claims Act suit at any time in the life of the case and that district courts should evaluate such motions under the general Federal Rule of Civil Procedure 41(a) voluntary dismissal standard.

Jun 9, 2023 | jdsupra.com | Brian Paul |Anderson Tuggle

On June 8, 2023, the U.S. Supreme Court decided Jack Daniel’s Properties, Inc. v. VIP Products LLC, No. 22-148, holding that (1) when an accused trademark infringer uses another’s trademark to designate the source of its own goods, the accused infringer does not receive special First Amendment protection from infringement claims, and (2) the use of a trademark for parody purposes does not bar a dilution claim under the Lanham Act’s “noncommercial use” exclusion.

Jun 9, 2023 | jdsupra.com | Brian Paul |Anderson Tuggle

On June 8, 2023, the U.S. Supreme Court decided Health & Hospital Corp. of Marion Cty. v. Talevski, No. 21-806, holding that certain rights contained in the Federal Nursing Home Reform Act (FNHRA) can be enforced through a private right of action under 42 U.S.C. § 1983. The FNHRA requires nursing homes receiving Medicare and Medicaid funding to “protect and promote the rights of each resident” as a condition of receiving funds.